Domestic Diversions

Paying child support as alimony

When payments for spousal support (alimony) are contingent on events related to a child, the IRS may recharacterize the payment as child support. (IRC 71(c)) Child support is paid in after-tax dollars and is neither deductible to the payer nor taxable to the recipient. Thus, to take advantage of the tax advantages of spousal support, events in the child’s life such as a certain birthday, graduation, emanicipation or death should be avoided in the judgment of divorce.

Talk to your accountant for more and updated information and for specific advice about your tax situation.


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